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Department Of Regulatory Agencies Barriers To Practice Regulated Professions

Concerning the elimination of barriers to obtaining authority to practice an occupation based on an individual's criminal history record, and, in connection therewith, making an appropriation.
2022 Regular Session
Professions & Occupations
Bill Summary

The bill requires the director of the division of professions and occupations (director) in the department of regulatory agencies (division) to complete an audit of the regulated professions and occupations and the regulation of various professions and occupations by regulators of a specific profession or occupation (regulator) to determine what barriers exist for licensing, certification, and registration of individuals with criminal history records and report the findings to the general assembly.

The bill limits the authority of a regulator to deny a license, certification, or registration based on an applicant's criminal history record to circumstances when the regulator determines that the applicant's criminal history record jeopardizes the applicant's ability to competently, safely, and honestly practice the regulated profession or occupation as authorized under the applicable practice act or issuance of the credential would not serve public safety or commercial or consumer protection interests. A regulator is required to specify the reasons for any denial based on a criminal history record.

The bill allows a regulator to grant a conditional license, certification, or registration to an applicant if the regulator determines that the applicant will have appropriate oversight provided by the applicant's employer.

Upon request of an individual with a criminal history record, the bill requires a regulator to issue a pre-determination letter to the individual advising the individual if the criminal history may prevent the individual from receiving a license, certification, or registration to practice an occupation or profession. A regulator may charge a reasonable fee for the pre-determination letter.

The director is required to compile de-identified information regarding the reasons why a license, certification, or registration was denied and make this information available to the public on the division's website.

The bill requires state and local agencies responsible for issuing occupational or professional credentials (occupational agency), before making a final determination that an applicant's criminal conviction disqualifies the applicant from receiving a license, certification, permit, or registration, to provide a written notice to the applicant specifying the reason for the disqualification and the right of the applicant to submit additional evidence for the occupational agency to consider before making a final determination. A final determination to disqualify an applicant based on a criminal conviction must be issued in writing and include notice of the applicant's right to appeal the determination and the earliest date on which the applicant may reapply.

(Note: This summary applies to this bill as introduced.)


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Bill Text